dination, he is examined, on his faith and morals, by the Bishop; he takes the oath of allegiance and supremacy, and subscribes the 39 articles; and previously to his admission, he subscribes the three articles respecting the supremacy, the ⚫ Common Prayer, and the 39 articles: and he makes the declaration of conformity. By the act of uniformity, 15 and 14 Car. 2. c. 4. he is bound to use the Common Prayer, and other rites and ceremonies of the Church of England. These appear to be sufficient guarantees for the orthodoxy of the person presented.

III. 4. It has been observed that, in common with Protestant dissenters, the Roman Catholics are subject to the 13 Car. 2. c. 1., commonly called the Corporation Act, and to the 25 Car. 2. c. 2., commonly called the Test Act, the former of which excludes from Corporations, persons who have not taken the oaths of allegiance and supremacy, and received the sacrament of our Lord's supper; and the latter of which directs all officers, civil and military, to qualify for their offices, in the same manner. But Roman Catholics alone feel the penal operation of 1 Geo. 1. st. 2. c. 13., which requires all persons bearing offices civil or military, or holding command or place of trust, or receiving pay or wages by reason of any patent or grant from his Majesty, to take that öath under a penalty of 500l. and under other penalties.

The very small number of those, who qualify themselves for election into corporations, or for civil or military offices, by complying with the requisites of these acts, is known. For their relief, an act of parliament is annually past, by which, after mentioning the Corporation and Test Acts, and some other acts, which do not relate to the point under consideration, it is enacted, that persons, who, before the passing of the act, have omitted to qualify in the manner prescribed by those acts, and who shall properly qualify for them, before the 25th of the ensuing December, shall be indemnified against all penalties, forfeitures, incapacities, and disabilities; and their elections, and the acts done by them, are declared to be good.-This act expresses nothing, which excludes Roman Catholics from the benefit of its provisions. The construction of it came into consideration in 1798, when

Lord Petre,* having, with the express leave and encouragement of government, raised, equipped, and trained, at his own expense, a corps of 250 men, for His Majesty's service, requested that his son might be appointed to the command of them, and his son's religion was objected to him. It was admitted, that, by accepting the command of the corps, without complying with the provisions of the acts in question, Mr. Petre would subject himself to their penalties; but it was observed, that the appointment would be good; that the penalties would not be incurred till the expiration of the sixth month after his appointment; and that the annual act of indemnity would pass before that time, and remove the penalties. It was also suggested, that Protestants and Roman Catholics stood, in this respect, exactly in the same predicament ;-both equally liable to the operation of the penal acts, and both equally within the relief of the indemnity act. The late Mr. Serjeant Hill, and the present Lord Chief Justice of His Majesty's Court of Common Pleas, were decidedly of this opinion; but (under the advice, as it is said, of the crown lawyers), the refusal was persisted in; another person was appointed to the command of the corps, and Mr. Petre served under him in the ranks.

III. 5. In common with the rest of His Majesty's subjects, the Roman Catholics contribute to the religious establishment of the country; but their own religious establishments can only be effected through the medium of trusts, always perplexing, and always precarious. In hospitals, workhouses, and other public institutions, the attendance of the ministers of their religion is sometimes denied them; and the children of the

* Speaking of this amiable nobleman, Mr. Wakefield observes, that "for a considerable time he resided in his neighbourhood, and if ever a man were exemplary as an indulgent and excellent father; a firm and persevering friend, a liberal and enlightened member of society, this was the man." Account of Ireland, Statistical and Political, vol. II. p. 639. Mr. Good, a writer of distinguished merit and talent, describes his lordship as dying "lamented by the lower ranks of life, which he benefited, and the higher which he adorned." See the very interesting Memoirs of the Life and Writings of the Rev. Alexander Géddes, LL.D. by JOHN MASON GOOD, p. 496.

poor, sometimes forced into Protestant schools, under the eyes of their parents.

III. 6. The Marriage act is also a grievance to Roman Catholics. For several reasons, too long to be enumerated, it is painfully repugnant to their religious feelings to have their marriages celebrated in the manner now prescribed by law. But they do not object to its being rendered necessary, for the legal validity of their marriages, that there should be an entry of them in the register of the parish, or to any other regular authentication of their marriages, which government can reasonably require.

III. 7. Though His Majesty's armies and fleets are filled with Roman Catholics, not only no provision is made for the religious duties and comforts of Roman Catholic soldiers and sailors, but by the Articles of War, they are liable to the very heaviests pains and punishments for refusing to join in those acts of religious worship, which a Roman Catholic considers to amount to an exterior dereliction of his faith, and a compliance with which, they therefore feel a religious torture.. By the Articles of War, sec. 1., if any soldier absent himself from Divine Service and Sermon, in the place appointed, he is liable, for the first offence, to forfeit 12d.; and for the second, and every other offence, to forfeit 12d. and be put in irons; and by the same articles, section 2. art. 5., “if he shall disobey any lawful command of his superior officer,”(and, of course, if he shall disobey any lawful command of his superior officer to attend Divine Service and Sermon),— " he shall suffer death, or such other punishment as by a general court martial shall be awarded."

III. 8. The operation of the Test Act, of the Articles of War, and of the Mutiny Act, in the instances we have mentioned, so far as they respect Irish Roman Catholic officers, soldiers, and sailors, deserves particular consideration. The Irish Act of 1793 admitted Catholics into military employments with certain exceptions.

Such are the laws regarding the Catholics of England. Those of Ireland will be found far

more oppressive and insulting. In order to give as clear a view of them as the nature of this undertaking will admit of, I shall, with some variations for the sake of brevity, follow the arrangement adopted in the "Statement of the Penal Laws which aggrieve the Catholics of Ireland."*

Laws affecting the Catholic Clergy, and the Exer

cise of their religious Functions, &c.

By a statute enacted in 1708,† it is declared that if any popish priest shall celebrate matrimony between any two persons, knowing that they or either of them is, of the Protestant religion, he shall suffer the punishment of a popish régular. The statute 1710§ prescribes a rule of evidence on this subject not very conformable to the dictates of ordinary justice. It is in these words: "Upon every prosecution of a popish priest for the above-mentioned offence, it shall be presumed, allowed, and concluded, to all intents and purposes, that the priest so accused did celebrate such inarriage, knowing that one or both of the parties was or were of the Protestant religion-Unless he shall produce a certificate under the hand and seal of the minister of the parish where the parties resided, certifying that such person was not a Protestant at the time of the marriage." In 1750,|| a third statute was passed, one clause of which declares that any priest who shall celebrate such marriage, shall on conviction be deemed guilty of felony, without benefit of clergy, and shall suffer death accordingly. This cruel and oppressive law was

The reader will probably find, in what follows, occasionally some slight repetition of statements and references; but this, in some respects, is unavoidable.

+ 6 Anne, c. 16. § 6.

According to statute 9 Will. 3. c. 1. a popish regular was punished with transportation, and condemned as if for high treason, if he returned to Ireland.

§ 8 Anne, c. 3. sec. 26.

23 Geo. 2. c. 10,

continued in full force by the statute enacted in 1792, which permits intermarriages between Catholics and Protestants; and in the statute 1793, professing to give extensive relief to the Catholics, the celebration of marriage forms one of the Humerous exceptions which have been re-enacted. This act provides, "That nothing therein contained shall be construed to extend to authorize any popish priest or reputed popish priest, to celebrate marriage between Protestant and Protestant, or between any Protestant (or one professed within twelvemonths to be so) and a papist, unless such protestant and papist shall have been first married by a clergyman of the protestant religion." And in another clause of the same act it is declared that every popish priest celebrating such marriage, shall forfeit the sum of 5001, to His Majesty upon conviction thereof."

Such are the terms of the last act passed either by the Irish or British legislature relative to this subject. At first it was imagined that the former acts, in so far at least as regarded the punishment of death, were virtually rescinded by the infliction of the penalty. A contrary doctrine, however, has been adopted in several cases by the highest law authority. In particular the late unfortunate Lord Kilwarden, Chief Justice of the Court of King's Bench in Ireland, declared on the bench, in the prosecution, Boyton against the Rev. Mr. G— and others, that this offence continues to be punishable with death under the popery laws.

The subject, which next seems to claim notice in this section, relates to the penalties to which catholic priests are liable for refusing to divulge the secrets of private confession, confided to them by their penitents. On this point it is decreed by the General Council of the Lateran, held in 1215, under Pope Innocent" that an inviolable secrecy attaches to the sacramental profession, that the confessor is bound to suffer death rather than reveal (by word or sign, directly or indirectly) any sin or crime, or any circumstance attending them, mentioned by the penitent in confession; and that if

* 32 Geo. 3. c. 21, sec. 13.